Cases argued and decided in the Supreme Court of the State of Texas, during the Austin term, 1885, and the early portion of the Tyler term, 1885. Volume 64. Page: 4
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4 WASHINGTON v. FIRST NAT. BANK OF DENTON. [Austin Term,
Syllabus.
wife, and her constant dread of violence must render her married
life insupportable. This is all that is required by our statute to
authorize a divorce, and it is in this respect more comprehensive and
liberal than the ecclesiastical law and the statutes of some of the
other states. 1 Bish. on Mar. & Div., §§ 718, 724; Sheffield v. Sheffield,
3 Tex., 79; Wright v. Wright, 6 Tex., 3. But the present
case goes even further. The case is that of an exemplary and amiable
wife discharging faithfully all the duties she owes to her husband,
neglected by him in some respects, complained of for not
doing a man's service in the field, and finally, with her infant child,
cursed, assaulted and thrown violently from her house, and sent,
bruised and insulted, to take refuge with her parents, from the violence
of her husband.
We think that all these circumstances considered together were
calculated to produce in the mind of appellant such fear of future
ill-treatment as to render living with her husband insupportable.
Taylor v. Taylor, 18 Tex., 574.
The judgment of the court below will be reversed and the cause
remanded with instructions that a decree be rendered divorcing the
parties from the bonds of matrimony, and granting to the appellant
the custody of her infant child.
The court below is further directed to hear proof upon the question
of alimony and the property rights of the parties alone, and
make such orders in reference thereto as to equity and justice shall
appertain.
REVERSED AND REMANDED.
[Opinion delivered April 11, 1885.]
W. E. WASHINGTON ET AL. V. FIRST NATIONAL BANK OF DENTON.
(Case No. 5273.)
1. VARIANCE.--In a suit against an indorser of a negotiable instrument, it was
alleged that he guarantied its payment in these words: "payment guarantee."/
The note offered in evidence had indorsed thereon, over the indorsement of
defendant's name, the words " payment guaranteed." Held, that the variance
between the indorsement pleaded, and that produced in evidence, was
immaterial.
2. VERDICT -PRACTICE.-When the court directs the correction of a verdict
which, under the facts as finally rendered, is such as it could properly have
instructed the jury to return, the fact that it directs an attorney in the causq
to write it in proper form is immaterial, especially when the jury, after
consultation, adopt and return the verdict as written.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the Austin term, 1885, and the early portion of the Tyler term, 1885. Volume 64., book, 1886; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth28510/m1/28/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .